Samenvatting

Compensation funds in different jurisdictions have varying functions and objectives to remedy loss. This doctoral research addresses the significant knowledge gap in relation to no-fault comprehensive compensation funds. These are a single publicly-managed structure that provides a wide, compulsory and complete replacement for tort remedies.
The research identifies the hallmarks of these funds’ successful establishment, administration, operation and further development. This includes analysis of the functional harms covered, compensation quantum and funding. There is also a novel first principles analysis of the interaction between large funds and human rights law. These analyses inform concrete recommendations for the legislative improvement of existing funds, new funds, and the framework’s application to contemporary liability problems.